Homeowners Association Disputes – Do you Need an Attorney
During the past 30 years of our practice, we have seen many disputes between homeowners associations and their members. We have been on both sides of these disputes and they are extremely frustrating for all involved. If you are an owner and you get a demand from the Association you may or may not be willing to comply with what may be an unreasonable demand, or one which you think is improper. Some of these disputes get downright personal, neighbor against neighbor! If you are upset with the association and wish to contest an action or notice, you must act quickly or you may find that you have waived your rights to do so. We have gone so far as to accompany our clients to meetings and have dragged along a court reporter to take down every word said. Several times we have been asked to leave or have been told that our reporter cannot record the meeting – none of this is true. You have a right to have your legal representative present and to legally record the meeting. It is always amazing how “Robert’s Rules of Order” winds up on the table when a lawyer shows up – and how careful the Board then becomes. We like to announce for the record that we are present and recording the proceedings, just to set the “tone.”
If you do not act swiftly or head an action off before it gets going you may find that no matter how improper the action against you – it cannot now be undone – short of filing a lawsuit, and even then you may be too late. These cases are problematic in that attorneys’ fees will be awarded to the winner of the lawsuit. So very quickly a simple contest can turn into a dispute costing many tens of thousands of dollars. You could find that not only do you have to pay for your attorney, but also for the associations lawyer and that the association can have your home sold to pay for playing the game and losing. These are battles that need to be well planned and properly timed. If you do not have the money to “play with the big boys” you may want to steer away from a lawsuit with an HOA.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation
JUPITER LEGAL ADVOCATES
561 748-8000
or email us at:
[email protected]
